Specialist legal support for homeowners and landowners affected by s17 Housing Act CPOs, providing clear guidance, protection of rights and practical solutions during compulsory.
A local authority has the power, under s17 of the Housing Act 1985, to acquire empty or abandoned dwellings so that they can be put into productive use. The same Act also enables a Council to buy and repair (or demolish) dilapidated properties to make dangerous properties safe and/or enable a positive contribution to local housing stock.
In each case a compulsory purchase order (CPO) is made which enables the authority to acquire the properly compulsorily, with the legal rights of the owners/occupiers converting into a package of financial compensation under the rule of “equivalence” (i.e. the recipient should be in no better or no worse a position than had the CPO not been made and acted upon).
The specialist team here at Holmes & Hills can help you to understand the effect of a potential s17 Housing Act CPO will or may have on clients and their property; providing proactive advice to protect our clients’ interests and legal rights.
The specialist team here at Holmes & Hills can help you to understand the effect the regeneration project will or may have on clients and their property; providing proactive advice to protect our clients’ interests and legal rights.
We offer fixed-fee packages and will seek to recover our legal costs from the scheme promoter whenever possible. Learn more about our team and how we can support you.
We have advised affected home and landowners on numerous s17 Housing Act CPO matters. The outcomes achieved for our clients include:
The threat of a CPO being removed and a s215 Notice (untidy site notice) being served and complied with – our client retained ownership and control of the property.
The threat of a CPO being withdrawn following re-occupation/re-letting following a marital break-up - the property was put back into beneficial use.
The threat of a CPO being withdrawn following agreement for sale following a marital break-up and lengthy divorce proceedings – (working alongside colleagues) a settlement as to the sale proceeds of the property was secured, without CPO intervention.
Agreement for sale by private negotiation following threats of a CPO regarding a “hoarder next door” case – our client retained control of the sale of the property.
Full recovery of statutory compensation post-CPO in a case where the owner had become incapacitated and unable to maintain the investment property following a road traffic accident (and consequential health issues) – “equivalence” was achieved and our client able to “move on” with their life and without the tie/burden the property/issue had become.
Full recovery of compensation in other post-CPO cases, to include recovery of the cost of acquisition of a replacement property (i.e. stamp duty land tax, conveyancing costs, removals costs etc) – achieving “equivalence”.
Wherever possible, we seek to recover your reasonable costs from the acquiring authority. If you are affected by a section 17 Housing Act CPO and don't know what to do, our specialist CPO team can help you.
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